Conditions of Women Doctors not Working at Night Will Prejudice their Careers: Supreme Court Criticises Bengal Govt's Policy

New Delhi: While considering the suo-motu matter regarding the rape and murder of a PG trainee doctor at Kolkata-based RG Kar Medical College and Hospital, the Supreme Court bench comprising the Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra today criticised the State Government's recent policy of avoiding to assign night duties for women doctors and limiting their working hours to 12 hours.

"...how can you say women cannot work at night? why limit the women doctors? they don't want a concession...women are ready to work exactly the same time shift , Mr Sibal you have to look at it, the answer to it is that you must give security," the CJI noted during the case proceedings.

Medical Dialogues had earlier reported that while announcing a new initiative called "Rattirer Sathi" (night companion), the Chief Minister Mamata Banerjee's Principal Advisor Alapan Bandopadhyay had announced the State advisory to all the medical colleges and hospitals in the State asking them to avoid allotting night duties to women doctors.

"All attempts will be made to avoid allotting night duties to women doctors as far as possible," Alapan Bandopadhyay had said while announcing "Rattirer Sathi", which was introduced amid the uproar regarding the RG Kar incident.

Also Read: Avoid allotting night duties to women doctors: Bengal govt

The issue was today brought up before the Apex Court by one of the counsels appearing for a Trust called Doctors for Patients. She objected to the policy of putting an end to night duties for women doctors and the policy stating that working hours for women doctors should not be extended beyond 12 hours.

Taking note of this submission, the CJI opined that the State should correct the notification and noted, "WB should correct the notifcation, your duty is to provide security, you cannot say that women (doctors) cannot work at night! pilots, army etc all work at night."

Finding justification regarding the arguments opposing the policy, the Supreme Court bench ordered today, "...we are affirmatively of the view that conditions of women doctors not working at night will prejudice their careers."

"...hours of duty should be reasonable for all doctors, it would be inappropriate to target women doctors as compared to their male counterparts..." the bench further observed.

Although Advocate Sibal assured to delete it, he pointed out that the rules said "preferably" the duty hours for women doctors should not be extended till late at night.

Issue of Protesting Doctors in West Bengal:

During the last hearing of the case, the top court bench had asked the junior doctors in Bengal, who are still continuing their strike, to resume their work immediately.

During the proceedings, Advocate Karuna Nandy pointed out that the State Government claimed that the West Bengal Medical System was collapsing because of the strike and submitted that senior doctors are working overtime because junior doctors were not feeling safe. When the CJI asked if everything was going on as normal, Advocate Nandy submitted that the senior doctors were filling up for the juniors.

"so you are saying that filling up for the breaches caused by the junior doctors," questioned the CJI.

In response, Advocate Nandy referred to the deaths of patients which allegedly happened because of the casework of the junior doctors, as per State of West Bengal, and submitted that they were somehow able to gleam one case and submitted that it was a lie. She further submitted that the demonizing of the doctors had to stop.

Referring to the "Rattirer Sathi" scheme by the State Government, Advocate Nandy objected to placing 1514 security personnel at the hospitals by the private company and pointed out that the accused in the RG Kar case was a civic volunteer.

Advocate Nandy referred to other safety mechanisms, budgets, and submitted how despite the fact that the senior doctors were working they were being assaulted. She also stressed that the issue of financial irregularity was intrinsically connected to this matter.

Noting that CBI is looking into that investigation, the CJI asked the CBI to give the status report on both the incident and financial irregularities. Meanwhile, Advocate Indira Jaising referred to the settlement between the West Bengal State and Doctors and agreeing to the submission made by Advocate Nandy, she opined that those 1514 private security personnel should be disbanded and replaced with the State police.

When Advocate Sibal referred to the settlement reached between the State Government and the Junior doctors, the CJI sought to know what adequate security was arranged by the State on the ground level apart from the budgetary allocation.

Referring to "Confidence building steps by the State", Advocate Sibal claimed that work has begun for making resting rooms for male and female doctors, which will be completed in 7-14 days. He also stated that additional toilets and CCTV camera installation would be completed in 7-14 days. He also referred to the steps taken for RG Kar Hospital in specific.

"what really happens in, the accused was drawn from the contractual work, these contractual people will be trained for 7 days and walking around all over the hospital ,how do you ensure the safety? the crime was done by a volunteer, the GR says that they will be appointed by outsourcing agencies ....are there any psychological assessments done for recruiting them?" noted the CJI.

Although Advocate Sibal claimed that all verifications were being done, the CJI noted that the whole problem was regarding the fact that the State was entrusting the security to contractual staff. Advocate Sibal responded to this by saying that there must be some confidence with the State.

"...there are 28 govt hospital, 17 associated with the govt hospitals...we are dealing with the govt hospitals, young doctors 18-23 years girls are here to work, we are dealing with them, having a contractual work force there, we will have a completely insecure source there," noted the CJI.

"we are in a situation where there is lack of security for medical doctors, the state should have atleast police in the govt hospitals .......we are dealing with young interns, students, they are staying out of home and coming to Kolkata to work, tell us what you are doing for them," the CJI sought to know.

Advocate Sibal submitted that the increased women security personnel was undergoing training. Taking note of this, the CJI noted, "...the devil lies in the fine print, when will they complete the training? second, the DM, district collectors must ensure that the CCTV is installed, then there must have an SOP, copies where the CCTV will be put, where the lady doctors will rest at night etc."

Further referring to the assurance of the State that 415 CCTV cameras would be installed in RG Kar Hospital, only 37 had been installed. Regarding this, Advocate Sibal assured that the rest would be completed soon.

"...in areas where women rest at night in RG Kar, why cannot they have biometric access? the women who goes to seminar hall to rest, she can have biometric access, tell us since the health secretary is here, what modalities are followed to ensure that security steps are taken," the CJI questioned.

When Sibal claimed that the DM and SPs are already doing it, the CJI further noted that the matter concerned young people of 18-23 years and they were concerned that it could happen to anyone.

Regarding the safety and security of the Bengal doctors, the CJI noted, "...affidavit has been filed by health secretary explaining the steps taken to upgrading the duty rooms, toilet facilities, CCTV cameras in the govt medical colleges and hospitals across the state. The data shows there are 28 govt medical colleges in WB and 9 in Kolkata."

The Court further recorded that 17 government hospitals in Kolkata are attached to medical colleges and there are 87 other medical hospitals beside the government hospitals, the CJI further observed, "...sanction has been granted for toilet, resting rooms, additional CCTV cameras, besides budgetary provisions, work has commenced, the direction is to complete in 7-14 working days. Apart from 717 CCTV additional CCTV cameras will be installed."

"...in our view, the participatory process should be followed so that senior and junior doctors can also participate, We suggest Mr Sibal that (1) DM , (2) the principle of each medical hospital, (3) the representative of of each senior doctor shall be consulted so that the toilets and CCTVs etc are installed with their inputs, this shall be completed within 2 weeks," opined the CJI.

Further mentioning the steps to be taken for biometric access, the CJI noted that 1514 security personnel are proposed to be engaged by the outsourcing agency for 1 year. Referring to the reservations expressed by the counsel for senior and junior doctors, the CJI observed, "...serious reservations are expressed by counsel of senior and junior doctors, bearing in mind that the alleged crime is done by a civic volunteer who was hired on contract..."

Meanwhile, Advocate Jaising, appearing for the Junior Doctors, insisted to put the settlement between the Junior Doctors and the Chief Minister on record and also mentioned about an intervention to be placed on record.

Reading from the prayer, the CJI directed to set up a monitoring committee to oversee the security at each hospital, a committee to address harassment and counselling centers. However, Advocate Sibal insisted that it was already there and the Government was looking into it.

Taking note of the affidavit and the prayers mentioned in its, the CJI directed the Government to take these following steps, if not already done:

(1) formation of monitory committee in each hospital having admin, nurses, doctors etc

(2) formulation of confidential grievance addressal

(3) formation of internal complaint committee for sexual harassment

(4) setting up counselling centers to deal with the stress faced by doctors

The CJI further noted that "Jaising appearing for Junior Doctors Front stated that with this confidence building work, the junior doctors will have no problem to resume work...we accept the assurance duly tendered by the counsel."

Meanwhile, Advocate Jaising informed the Court that the doctors planned to hold a general body meeting today or tomorrow and accordingly, the CJI noted, "in view of the meeting of 16 sept with CM, and the directions issued by court today, the junior doctors will have a meeting with the general body...those responsible for the cover up of the incident....once CBI points out what emerges during investigation, we will have some directions to give the state."

Advocate Jaising further submitted how the Junior doctors were scared that those responsible for the disaster were still there and the doctors would be victimized now. 

At this outset, the CJI noted that the nature of the commission of act, if there was serious disruption of the evidence and if there were any coverups were already raised with the State agencies.

"Jaisingh has requested the court to record that no punitive action be taken for doctors to return to work...Mr Sibal for WB states that an assurance was held out for junior doctors, which is being reiterated in court that no punitive actions be taken against them for seizing the work," further noted the CJI.

Reagrding the earlier direction of the Court asking doctors to resume to work, the Court denied to modify the last order and noted that conditions have been created for the doctors to come back to work and further observed, "...let them do what they have to do to implement the orders."

On the issue of the details for the challan for the handing over the dead body, Advocate Sibal informed the bench that form 5371 had not been used since 1997 and it was not shown to the High Court and it was a wrong statement. He submitted that the State used a requisition as per the GOI standing operating procedures and further submitted that all the information were in the requisition.

 Court Observations Regarding ongoing CBI probe: 

The bench perused the status report and noted that disclosing what the CBI is investigating will jeopardise the process and the line which is being taken by CBI to unearth the truth. The bench noted that the SHO has been arrested himself and the bench has also seen the status report and CBI has responded to all the issues raised by the Court, including whether the challan was given, what was the process of PMR, whether evidence was destroyed, it any complicity by any other person etc.

Letter from Deceased Doctor's Father:

The CJI noted that there was genuine concern by the deceased's father in regard to certain specific leads in investigation was obtained. "...we will not reveal his letter its confidential....we will say these are very valuable inputs for the CBI, they are handicapped themselves at this point in time by the 5 day delay, but they should also look at this to ensure this is obtained," the CJI noted. Accepting the suggestion, the Solicitor General opined that they must be informed (parents).

Photo & Name of the Deceased on Internet:

The Solicitor General raised another concern that in the name and photo of the girl is still there in Wikipedia. Taking note of this, the CJI said that the Court would pass an order as the name and photo cannot be there.

One of the counsels informed that bench that Wikipedia was contacted and was asked to remove it. However, it said that they would not be censored. Responding to this, the Solicitor General noted that it was not censoring as it was asking not to commit an offence.

Court Order regarding RG Kar Probe:

Perusing the Status report dated September 17, filed by CBI, the CJI ordered, "...we have explained to all that bat stage it will not be fair to disclose the leads of CBI as this would only lead to dislocation of the investigation...the counsel have also agreed...a letter dated 12 Sept addressed by father of deceased has been shared, the letter expresses the genuine concerns of the parents, and gives inputs...bearing in mind the genuine concerns, we are of the opinion that the inputs be duly taken by the IO."

"...the SG has assured that CBI will maintain contact with the parents and inform about the investigation. Appearing for resident doctor- Jaising, submitted that definite material is with the doctors indicating the presence of persons at the scene of crime, the names will be handed over to the CBI, the copy may be shared with the SG who will in turn make it available to the IO," the CJI further noted, Live Law has reported.

The CJI further noted that some of the concerns may be submitted to the CBI to ensure necessary steps in the course of investigation. Further, the bench perused the letter of 12 September and noted that many concerns of the letter were subject to the investigation of the CBI.

Regarding the name of the deceased doctor available on Wikipedia, the Apex Court bench comprising the CJI noted that it was only an artistic graphic. The SG submitted that the girl had a specific hairstyle which was being depicted everywhere.

Accordingly, asking Wikipedia to take down the name and photo disclosing the identity of the victim of the RG Kar case, the CJI ordered, "the governing principle is that identity of the victim in rape and murder shall not be disclosed. @Wikipedia shall therefore comply with the previous order passed (regarding this)."

Anonymous Portal

The Counsel for Doctors for Patients also pointed out how people were scared to come forward and give information to CBI and suggested that the CBI should set up a portal to submit complaints anonymously. She also referred to two footnotes in Wikipedia that refers to an external link which has the picture of the girl. Taking note of this, the CJI assured to modify the Wikipedia order. 

Also Read: RG Kar Case: Supreme Court tells protesting doctors to resume work from tomorrow, state to ensure Safety